A number of amendments involving food and drugs. First: Regulations Amending the Food and Drug Regulations:
AMENDMENTS
1. The definition “agricultural chemical” in section B.01.001 of the Food and Drug Regulations (see footnote 1) is replaced by the following:
“agricultural chemical” means any substance that is used, or represented for use, in or on a food during its production, storage or transport, and whose use results, or may reasonably be expected to result, in a residue, component or derivative of that substance in or on a food and includes any pest control product as defined in subsection 2(1) of the Pest Control Products Act, plant growth regulator, fertilizer or any adjuvant or carrier used with that substance. This definition does not include any
(a) food additive that is listed in, and used in accordance with, the tables to section B.16.100,
(b) nutritive substance that is used, recognized or commonly sold as food or as an ingredient of food,
(c) vitamin, mineral nutrient or amino acid,
(d) essential oil, flavouring preparation, natural extractive, oleoresin, seasoning or spice,
(e) food packaging material or any substance of which that material is composed, or
(f) drug recommended for administration to animals that may be consumed as food; (produit chimique agricole)
2. (1) Subsection B.15.002(1) of the Regulations is replaced by the following:
B.15.002. (1) Subject to subsection (2), a food is adulterated if
(a) a pest control product as defined in subsection 2(1) of the Pest Control Products Act or its components or derivatives, for which no maximum residue limit has been specified under sections 9 or 10 of that Act for that food, are present in or on the food, singly or in any combination, in an amount exceeding 0.1 part per million; or
(b) an agricultural chemical or its components or derivatives, other than a pest control product as defined in subsection 2(1) of the Pest Control Products Act or its components or derivatives, are present in or on the food, singly or in any combination, in an amount exceeding 0.1 part per million.
(2) The portion of subsection B.15.002(2) of the Regulations before paragraph (a) is replaced by the following:
(2) A food is exempt from paragraph 4(1)(d) of the Act if the following agricultural chemicals, or their components or derivatives, are the only agricultural chemicals, or components or derivatives of agricultural chemicals, that are present in or on the food, singly or in any combination:
(3) Subsection B.15.002(3) of the Regulations is replaced by the following:
(3) Subsection (2) does not apply to a food if there is present in or on the food an agricultural chemical, or a component or derivative of that agricultural chemical, referred to in that subsection that is a pest control product as defined in subsection 2(1) of the Pest Control Products Act, or a component or derivative of that product, in respect of which a maximum residue limit has been specified under sections 9 or 10 of that Act for that food.
3. Table II to Division 15 of Part B of the Regulations is repealed.
COMING INTO FORCE
4. These Regulations come into force on the day on which sections 1 to 4 of An Act to amend the Food and Drugs Act, S.C. 2005, c. 42, come into force, but if they are registered after that day, they come into force on the day on which they are registered.
Second: Regulations Amending the Food and Drug Regulations (1369 – Interim Marketing Authorizations):
1. Section B.01.001 of the Food and Drug Regulations (see footnote 1) is renumbered as subsection B.01.001(1) and is amended by adding the following:
(2) The definitions in this subsection apply for the purposes of the Act.
“agricultural chemical” has the same meaning as in subsection (1). (produit chimique agricole)
“food additive” has the same meaning as in subsection (1). (additif alimentaire)
2. Section B.01.056 of the Regulations is replaced by the following:
[extensive changes – see source for details]
Third: An Act to Amend the Food and Drugs Act:
Order Fixing June 16, 2008 as the Date of the Coming into Force of the Act, Other Than Section 5
P.C. 2008-980 May 29, 2008
Her Excellency the Governor General in Council, on the recommendation of the Minister of Health, pursuant to section 6 of An Act to amend the Food and Drugs Act, chapter 42 of the Statutes of Canada, 2005, hereby fixes June 16, 2008 as the day on which that Act, other than section 5, comes into force.
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